ORDER

1. RESPONDENT 1 IS REPORTED TO HAVE DIED. HIS LEGAL REPRESENTATIVE IS ALREADY ON RECORD AS RESPONDENT 2. PRAYER FOR CORRECTION OF CAUSE TITLE IS ALLOWED.

2. LEAVE GRANTED.

3. A SUIT FOR SPECIFIC PERFORMANCE OF AN AGREEMENT TO SELL WAS FILED ON 29-7-1999. THE COURT FEE PAID WAS DEFICIT BY RS 1,23,464. THE DEFICIT COURT FEE WAS SUPPLIED ON 23-2-2000. ON 10-4-2000, THE TRIAL COURT REGISTERED THE SUIT. ON BEING NOTICED, THE DEFENDANTS FILED AN APPLICATION UNDER ORDER 7 RULE 11 OF THE CODE OF CIVIL PROCEDURE (FOR SHORT "CPC") SEEKING REJECTION OF THE PLAINT FOR NON-PAYMENT OF COURT FEE. THE TRIAL COURT VIDE ORDER DATED 3-11-2001 CONDONED THE DELAY IN PAYMENT OF COURT FEE AND REJECTED THE APPLICATION UNDER ORDER 7 RULE 11 CPC FILED BY THE DEFENDANT-RESPONDENTS.

4. FEELING AGGRIEVED BY THE ORDER OF THE TRIAL COURT, THE DEFENDANTS PREFERRED A CIVIL REVISION IN THE HIGH COURT WHICH HAS BEEN ALLOWED. THE HIGH COURT HAS SET ASIDE THE ORDER OF THE TRIAL COURT DATED 3-11-2001 AND DIRECTED THE PLAINT TO BE REJECTED FORMING AN OPINION THAT IN VIEW OF THE PROVISO APPENDED TO ORDER 7 RULE 11 CPC, THE COURT COULD NOT HAVE EXTENDED THE TIME FOR PAYMENT OF DEFICIT COURT FEE.

5. IN OUR OPINION, THE HI